Appeal No. 94-2842 Application 07/882,351 ordinary skill in the art would have had a reasonable expectation that a compound which attracts one of the species also would attract the other to some extent. Evidence that one of ordinary skill in the art would have had such an expectation is the data of Lampman I (page 969, Table 5), wherein the attraction of western, southern and northern rootworms to ten compounds is compared. The results show that in ten out of the thirteen tests in which one of the compounds attracted either southern corn rootworm or northern corn rootworm, the compound also attracted the other corn rootworm to some extent. Thus, given that phenylethanol is effective for attracting southern corn rootworm, one of ordinary skill in the art would have had a reasonable expectation of success in using phenylethanol to attract northern corn rootworm. Because all that is required for a prima facie case of obviousness is a reasonable expectation of success rather than absolute certainty, see In re O’Farrell, 853 F.2d 894, 902, 7 USPQ2d 1673, 1680 (Fed. Cir. 1988), it would have been prima facie obvious to one of ordinary skill in the art to use phenylethanol to attract northern corn rootworm. The evidence presented in the Lampman declaration discussed -10-10Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 NextLast modified: November 3, 2007